Interpreting WTO Agreements: Problems and PerspectivesCambridge University Press, 2006 M12 7 This book was first published in 2006. The case law of the World Trade Organization is now extensive, running into over one hundred cases and thousands of pages. The interpretative process involved in this jurisprudence constitutes a form of legislative activity, and is therefore of great significance not only to the parties to disputes, but to the membership of the WTO. Qureshi sets out here to identify some of the underlying problems of interpreting WTO agreements, within the context of different issues, problems, objectives and disciplines, and to comprehensively examine the underlying conditions for the interpretation of WTO agreements. He focuses on: the apparatus of interpretation in the WTO; the manner of interpreting institutional norms, national measures, and exceptions; the manner of facilitating the development objective; the manner of reconciling conflicting norms through interpretation; and finally the manner of interpreting the trade remedies agreements. Various perspectives on interpretation are proffered, particularly that of justice and development. |
Contenido
| 1 | |
Interpreting institutional aspects of the | 30 |
The national dimension to interpretation in | 70 |
Interpreting exceptions in the WTO Agreements | 87 |
Interpreting the WTO Agreements for | 114 |
Interpreting in external concerns | 160 |
Interpreting the agreements on trade remedies | 170 |
Conclusion | 228 |
Otras ediciones - Ver todas
Interpreting WTO Agreements: Problems and Perspectives Asif H. Qureshi Sin vista previa disponible - 2012 |
Interpreting WTO Agreements: Problems and Perspectives Asif H. Qureshi Sin vista previa disponible - 2006 |
Términos y frases comunes
Agreement on Safeguards anti-dumping Appellate Body application approach to interpretation Article 31 Article XIX ASCM characterisation clarification common intentions Conflict of Norms considered context countervailing duty countervailing measures Court covered agreements customary rules defined developing countries developing members development dimension dispute settlement system Doha Declaration dumping EC–Chicken Classification EC–Hormones economic established example exceptions first focus framework GATT Ibid implementation important International Law Commission international trade interpretative process interpreting the WTO involved issues legislation Marrakesh Agreement multilateral trading negotiations objects and purposes Oesch Standards Panel paras particular parties Preamble pretation principles of treaty procedures process of interpretation public international law question reference reflect relation relevant respect rules of interpretation S&D provisions safeguard measures SCM Agreement significance specific standard of review teleological approach textual approach trade remedies agreements treaty interpretation UNCTAD Uruguay Round US–Shrimp Vienna Convention World Trade Organization WTO Agreements WTO Dispute Settlement
Pasajes populares
Página 139 - A treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose.
Página 188 - Agreement, including tariff concessions, any product is being imported into the territory of that contracting party in such increased quantities and under such conditions as to cause or threaten serious injury to domestic producers in that territory of like or directly competitive products...
Página 12 - Recourse may be had to supplementary means of interpretation, including the preparatory work of the treaty and the circumstances of its conclusion...
Página 204 - Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade...
Página 100 - Agreement shall be construed to prevent the adoption or enforcement by any contracting party of measures: [....] (b) necessary to protect human, animal or plant life or health; [....] (g) relating to the conservation of exhaustible natural resources if such measures are made effective in conjunction with restrictions on domestic production or consumption.
Página 99 - ... the optimal use of the world's resources in accordance with the objective of sustainable development, seeking both to protect and preserve the environment and to enhance the means for doing so in a manner consistent with their respective needs and concerns at different levels of economic development...
Página 2 - There shall be taken into account, together with the context: (a) any subsequent agreement between the parties regarding the interpretation of the treaty or the application of its provisions; (b) any subsequent practice in the application of the treaty which establishes the agreement of the parties regarding its interpretation; (c) any relevant rules of international law applicable in the relations between the parties.
Página 12 - ... any agreement relating to the treaty which was made between all the parties in connection with the conclusion of the treaty; b. any instrument which was made by one or more parties in connection with the conclusion of the treaty and accepted by the other parties as an instrument related to the treaty.
Página 216 - Agreement in accordance with customary rules of interpretation of public international law. Where the panel finds that a relevant provision of the Agreement admits 506 of more than one permissible interpretation, the panel shall find the authorities' measure to be in conformity with the Agreement if it rests upon one of those permissible interpretations.